No Material Adverse Change; No Restricted Payments Sample Clauses

No Material Adverse Change; No Restricted Payments. Since December 31, 2002, no event or change has occurred that has had or could reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect. Except for the Transactions and as permitted under subsection 7.5 and as set forth on Schedule 5.4, since December 31, 2002, neither the Company nor any of its Subsidiaries has directly or indirectly declared, ordered, paid or made, or set apart any sum or property for, any Restricted Payment or agreed to do so.
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No Material Adverse Change; No Restricted Payments. Since December 31, 1997, no event or change has occurred that has caused or evidences, either individually or in the aggregate, a Material Adverse Effect. Since December 31, 1997, the Borrower has not directly or indirectly declared, ordered, paid or made or set apart any sum or property for any Restricted Payment or agreed so to do, except as permitted by subsection 6.6.
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No Material Adverse Change; No Restricted Payments. Since December 31, 2006, no event or change has occurred that has resulted in or evidences, or that could reasonably be expected to result in or evidence, either in any case or in the aggregate, a Material Adverse Effect. None of Borrower or its Subsidiaries has directly or indirectly declared, ordered, paid or made, or set apart any sum or property for, any Restricted Payment or agreed to do so except as permitted by Section 6.5.
Sample 1See All (4)
No Material Adverse Change; No Restricted Payments. Since the Final Approval Date, no material adverse change has occurred in the business, condition (financial or otherwise), operations, performance, prospects or properties of the Obligors, taken as a whole, or in the Borrower's ability to repay the Loan or perform its obligations under the Loan Documents, or with respect to any of the matters covered by the representations and warranties made in the Borrower's Application (it being understood that unforeseen changes resulting from the effects of the war in Iraq on travel and the airline industry shall be deemed not to constitute a breach of this representation). Since the Final Approval Date, no Obligor has directly or indirectly declared, ordered, paid or made, or set apart any sum or property for, any Restricted Payment or agreed to do so except as would have been permitted by Section 6.3, as if such section were in effect at all times after such date. After giving effect to the Consummation of the Plan and the Borrowing and the application of the proceeds therefrom on the Closing Date, no event or occurrence which would constitute a Default or Event of Default has occurred and is continuing or would result from such Borrowing.
Sample 1
No Material Adverse Change; No Restricted Payments. Since December 31, 1994, no event or change has occurred that has caused or evidences, either individually or in the aggregate, a Material Adverse Effect other than as set forth in Schedule 3.4 annexed hereto. Since December 31, 1994, the Borrower has not directly or indirectly declared, ordered, paid or made or set apart any sum or property for any Restricted Payment or agreed so to do, except as permitted by subsection 6.6 or as set forth in Schedule 3.4 annexed hereto.
Sample 1
No Material Adverse Change; No Restricted Payments. Since August 9, 2005, no material adverse change has occurred in the financial condition, assets, liabilities, business or results of operations of the Obligors, taken as a whole (excluding any such changes resulting from (i) changes or conditions generally affecting the U.S. economy or financial markets, (ii) changes or conditions generally affecting any of the segments of the airline industry in which any of the Obligors operate, to the extent such conditions or changes do not disproportionately impact the Obligors, or (iii) the announcement or consummation of the Merger), or in the Borrower's ability to repay the Loan or perform its obligations under the Loan Documents or with respect to the matters included in the financial projections delivered to the Board and the Agent on July 28, 2005. Since August 9, 2005, no Obligor has directly or indirectly declared, ordered, paid or made, or set apart any sum or property for, any Restricted Payment or agreed to do so except as would have been permitted by Section 6.3, as if such section were in effect at all times after such date. After giving effect to the Consummation of the Plan, no event or occurrence which would constitute a Default or Event of Default has occurred and is continuing.
Sample 1

Related to No Material Adverse Change; No Restricted Payments

  • No Material Adverse Change in Business Except as otherwise stated therein, since the respective dates as of which information is given in the Registration Statement, the General Disclosure Package or the Prospectus, (A) there has been no material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Company and its subsidiaries considered as one enterprise, whether or not arising in the ordinary course of business (a “Material Adverse Effect”), (B) there have been no transactions entered into by the Company or any of its subsidiaries, other than those in the ordinary course of business, which are material with respect to the Company and its subsidiaries considered as one enterprise, and (C) there has been no dividend or distribution of any kind declared, paid or made by the Company on any class of its capital stock.

  • Financial Condition; No Material Adverse Change (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of income, stockholders equity and cash flows (i) as of and for the fiscal year ended December 31, 2013 reported on by Ernst & Young, independent public accountants, and (ii) as of and for the fiscal quarter and the portion of the fiscal year ended June 30, 2014, certified by its chief financial officer. Such financial statements present fairly, in all material respects, the financial position and results of operations and cash flows of the Borrower and its consolidated Subsidiaries as of such dates and for such periods in accordance with GAAP, subject to year-end audit adjustments and the absence of footnotes in the case of the statements referred to in clause (ii) above.

  • No Material Adverse Change in Financial Statements All consolidated financial statements for Borrower, and any Subsidiary, delivered to Bank fairly present in all material respects Borrower's consolidated financial condition and Borrower's consolidated results of operations. There has not been any material deterioration in Borrower's consolidated financial condition since the date of the most recent financial statements submitted to Bank.

  • Financial Condition; No Material Adverse Effect (a) The Audited Financial Statements (i) were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein and (ii) fairly present the financial condition of the Borrower and its subsidiaries as of the date thereof and their results of operations for the period covered thereby in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein.

  • No Material Adverse Changes Since the respective dates as of which information is given in the Registration Statement and the Prospectus, except as set forth in the Registration Statement, the General Disclosure Package and the Prospectus (i) there shall not have been a Material Adverse Change, (ii) the Company shall not have incurred any material liabilities or obligations, direct or contingent, (iii) the Company shall not have entered into any material transactions not in the ordinary course of business other than pursuant to this Agreement and the transactions referred to herein, (iv) the Company shall not have issued any securities (other than the Securities or the Shares issued in the ordinary course of business pursuant to existing employee benefit plans of the Company referred to in the Registration Statement, General Disclosure Package and the Prospectus) or declared or paid any dividend or made any distribution in respect of its capital stock of any class or debt (long-term or short-term), and (v) no material amount of the assets of the Company shall have been pledged, mortgaged or otherwise encumbered.

  • Financial Statements; No Material Adverse Change All financial statements relating to Borrower which have been or may hereafter be delivered by Borrower to Lender have been prepared in accordance with GAAP and fairly present the financial condition and the results of operation of Borrower as at the dates and for the periods set forth therein. Except as disclosed in any interim financial statements furnished by Borrower to Lender prior to the date of this Agreement, there has been no material adverse change in the assets, liabilities, properties and condition, financial or otherwise, of Borrower, since the date of the most recent audited financial statements furnished by Borrower to Lender prior to the date of this Agreement.

  • No Material Adverse Change No event or condition of a type described in Section 3(h) hereof shall have occurred or shall exist, which event or condition is not described in the Pricing Disclosure Package (excluding any amendment or supplement thereto) and the Prospectus (excluding any amendment or supplement thereto) and the effect of which in the judgment of the Representatives makes it impracticable or inadvisable to proceed with the offering, sale or delivery of the Shares on the Closing Date or the Additional Closing Date, as the case may be, on the terms and in the manner contemplated by this Agreement, the Pricing Disclosure Package and the Prospectus.

  • No Material Adverse Change or Ratings Agency Change For the period from and after the date of this Agreement and prior to the Closing Date:

  • Financial Statements; No Material Adverse Effect (a) The Audited Financial Statements (i) were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein; (ii) fairly present in all material respects the financial condition of the Borrower and its Subsidiaries as of the date thereof and their results of operations for the period covered thereby in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein; and (iii) show all material indebtedness and other liabilities, direct or contingent, of the Borrower and its Subsidiaries as of the date thereof, including liabilities for taxes, material commitments and Indebtedness.

  • No Material Adverse Effects At Closing Time, there shall not have been, since the date hereof or since the respective dates as of which information is given in the Prospectus or the General Disclosure Package, any Material Adverse Effect.

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